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Home My WebLink About13611 ORD - 02/09/1977JKH:vp:2L8- 77:1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO PROVIDE FOR THE COLLECTION AND DISPOSAL OF TRASH AT THE PUBLIC BOAT RAMPS ALONG THE JOHN F. KENNEDY CAUSEWAY, AND PROVIDING FOR REIMBURSEMENT BY THE STATE FOR THE COST OF SAID SERVICE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorizeed to execute an agreement with the Texas Parks and Wildlife Department to provide for the collection and disposal of trash at the public boat ramps along the John F. Kennedy Causeway, and providing for reimbursement by the State for the cost of said service, a substantial copy of which agreement is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the agreement aforesaid in order to provide for the collection and disposal of trash as set out above creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution • shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _ _ day of February, 1977. ATTEST: oe My Sec ar -'� , HE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF FEBRUARY, 1977: MICROFILMED J. BR CE AYCOCK, C ATTORNEY JUL 0 I9gd BY: ss stant Ci WAttorney 136A SERVICES AGREEMENT This Agreement between the Texas Parks and Wildlife Department, Engineering Division, a State Agency, located in the John H. Reagan Building, City of Austin, Travis County, Texas, hereinafter called the "Department ", and the City of Corpus Christi, Texas , hereinafter called the city provides for the performance by the City of the work stipulated below on the terms and conditions set forth. I. Services To Be Performed: The Cit promises and agrees to perform the work described below for the Department in accordance with the instructions set forth, attached or incorporated by signature of the parties involved, identifying them as a part hereof. Additional details, as to the locations involved, may be obtained from the Department. All matters not covered in detail shall be performed in a manner consistent with the highest professional standards. II. Services Performed: A. The City promises to arrange for the disposal of trash and garbage of every nature and description from said locations listed in Exhibit "A" attached hereto, twice a month or more often should the circumstances require such. The City reserves the right to sub - contract such services and obligations where necessary. The Department shall not be responsible in any manner for the performance or liabilities of said subcontractor. B. The City promises and agrees to perform grass maintenance at such locations as are specified in Exhibit "A" herein. The 8W further agrees to maintain grass at a height not to exceed twelve inches on all State property or area leased by the Department located within fifty (50) feet of the said boat ramps or parking areas. III. Operations: The City shall commence said services on the 1st day of lanpary 19 , and prosecute them diligently and without interruption for the period of said Agreement, or until the Agreement is terminated by the provisions of Article IV or Article V. IV. Defaults: Should the Cit fail to begin or prosecute the aforementioned services with reasonable di 1gence, without interruption, and in a professional manner, the Department may, at its option, upon giving thirty (30) days written notice to the City ' terminate said Agreement. The Department shall remain liable for the expenses and fees under the Agreement for said services until �J • such Agreement is terminated or until the city has defaulted. The City may, at its option, upon giving thirty 30) days written notice to the Department terminate this Agreement. V. Termination: This Agreement shall be terminated on August 31, 1977 , unless the Agreement is otherwise terminated as outlined in Article IV. VI. Renewal: This Agreement for the services specified may be renewed annually by mutual consent of both parties in writing. VII. Notice: Notices hereunder shall be sent to the respective addresses of the parties. Oral communications from the Department to the City shall be sufficient except as to matters expressly required by this greement to a in writing. VIII. Fees and Payments: The CitV promises and agrees to perform all specified and enumerated services outlined n Article II in accordance with the terms and conditions thereof, for the sum of Four Hundred Sixty Dollars and No /100 ($460.00) payable quarterly in/QjtW payments of $115.00 for /3rds of nd qtr.. $IA— for 3rd & 4th gtrs. , such payments to be due and payab a on the first day of q�, arFl ch, June, and September. The first of such payments shall become due and payable on the first day of March 1977 . XI. Interpretation: This Agreement, together with the list of boat ramp facilities, and any other specifications attached or identified separately, constitute the entire Agreement between the parties, and no other conversation, bid, memoranda, or other matter shall vary, alter, or interpret the terms hereof. The subhead captions in this instrument are for convenience of the parties in identification of the several provisions and shall not constitute a part of the Agreement nor be considered interpretive thereof. EXECUTED this _ day of 19_ TEXAS PARKS AND WILDLIFE DEPARTMENT By TON T. GARRISON, Executive Director CITY OF CORPUS CHRISTI ATTEST: By R. Marvin Townsend, City Manager City Secretary APPROVED: DAY OF 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney EXHIBIT "A" TO SERVICES CONTRACT The City of Corpus Christi agrees to arrange for the disposal of trash and garbage of every nature and description on a bimonthly basis or more often if necessary, and agrees to maintain grass at a height not to exceed twelve (12) inches at the following described boat ramp(s): .PROJECT NUMBER LOCATION SBF 69 -16- 167 -178 On Packery Channel adjacent to Park SBF 69 -16- 168 -178 Road 22 (JFK Causeway). Ll • CORPUS CHRISTI TEXAS ILIAY OF l 19Z TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTis TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SIGN OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) I, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THI3 ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY CL_ MAYOR THE CITY OF CORPUS CHRISTI, S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 13611